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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have two sons, J. R. Chalmers and J.M Chalmers. National

Customer Question

I have two sons, J. R. Chalmers and J.M Chalmers. National Savings have made a mistake with paying back bonds and have paid £2,540 to the wrong brother. It should have gone to J.M. Chalmers and has been sent to J.R Chalmers who has severe mental health problems with limited capacity to handle money sensibly and has spent all the money that mistakenly arrived in his account. National Savings are talking about paying a new £2540 to J M Chalmers and asking J R Chalmers to pay the money back gradually. J R Chalmers is not capable of working and lives off a low level of benefits so it would be very difficult for him to pay it back. Also, it isn't his fault that money arrived in his account instead of his brother's. This is creating a lot of stress and worry for the brothers. Please advise

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

The brother who was incorrectly paid the money is responsible for paying it back as the money was not his.

Having mental health issues does not negate his legal responsibilities to repay the money.

NS&I is legally responsible for ensuring that the money is paid to its rightful owner. It is then a matter between NS&I and the other brother on what arrangements are made between them to pay back NS&I the money.

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